Whether evidence of Anna Hazare would be hear say or not is the matter which shall be determined at the time of trial and this cannot be prejudged at this stage.
May 12, 2019:
Supreme Court has directed the prosecution to call Shri Kisan Baburao Hazare (Anna Hazare) as a witness for the prosecution in a murder case being tried in a Sessions Court in Maharashtra.
A bench of Justice Bobde and Justice Nazeer passed the order in the case titled as ANNADIDEVI PAWAN RAJENIMBALKAR vs CBI on 29.04.2019.
Husband of the petitioner was murdered and a murder case was going on. The CBI which is the investigating agency, moved application for issuing summons to a witness, namely, Kisan Baburao Hazare (Anna Hazare).considered the application and has observed that the evidence in his statement appears hearsay and, therefore, no purpose will be served by examining the witness Mr.Hazare. The CBI did not challenge the said order and proceed with the matter. After completion of the evidence, the CBI moved second application for issuing summons to Shri Anna Hazare and repeated its request. The said application was opposed by the defence. The learned Judge again by 20 pages elaborate order dated 12.4.2018 rejected the said application by giving the same reasons.
When the matter reached the High Court, it observed "At the outset, it is made clear that the Sessions Court has not framed charge in respect of conspiracy under section 120B of the Indian Penal Code qua eliminating this witness. Therefore, it is ascertained from the statement of Shri Anna Hazare whether he is going to throw light on the point of either motive or conspiracy of killing the deceased. Mr.Hazare in his statement recorded under section 161 of the Code of Criminal Procedure, has stated about an incident of one of the accused threatening him of life during the enquiry before the Justice Sawant commission. However, the said incident had taken place in 2002. The incident of murder of Pawan Rajenimbalkar took place in 2006. Thus, there is no correlation between the threats given to him in 2002 and the murder of the deceased".
The High Court therefore negated the challenge and upheld the order of the trial court. The petitioner then approached the Supreme Court.
Supreme Court observed "Shri Siddharth Dave, learned senior counsel appearing for respondent No. 2 submitted that his evidence is hearsay. Whether it is so, is the matter which shall be determined at the time of trial and this cannot be prejudged today at this stage".
Supreme Court held "Having regard to the circumstances of the case, we consider it appropriate to direct the prosecution to call Shri Kisan Baburao Hazare (Anna Hazare) as a witness for the prosecution".
Read the Order of High Court here:
Read the Order of Supreme Court here:
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